Greece

Greece in Europe

Outline of the Country´s Legal System

According to the work “Guide to Foreign and International Citations”, by the Journal of International Law and Politics (New York University School of Law):

The Constitution, the fundamental written law of the country, follows the doctrine of the separation of powers, and provides numerous checks and balances. Executive power is vested in the Greek Government, legislative power is vested in Parliament, and judicial powers are vested in the Courts.

The President of the Republic is the head of state. Under the Constitution, as amended in 1975 and 1986, the President’s role is primarily ceremonial. The President is elected by a two-thirds vote of the Members of Parliament for an office of five years. Executive powers are vested in the Prime Minister and the Ministerial Cabinet. The Prime Minister is usually the head of the political party that achieved a majority of votes during the elections. He or she selects the members of the Ministerial Cabinet. The Cabinet and the Prime Minister must enjoy the support of a majority of the members of the Parliament throughout their term.

Parliament consists of a single body with 300 members. Members of Parliament are directly elected by the people every four years.

The Greek legal system is separated into two main categories: public and private. The hierarchy of legal rules includes the Constitution, International Treaties, Laws and Customs, Presidential Decrees, and Administrative Acts. Most important laws are codified by category.

Examples include the:

  • Civil Code,
  • Commercial Code,
  • Penal Code,
  • Code of Civil Procedure,
  • Code of Criminal Procedure,
  • Code of Private Maritime Law,
  • Code of Public Maritime Law,
  • Code of Administrative Procedure, and
  • Military Penal Code.

Jurisprudence, scholars’ opinions and other legal literature are not considered formal sources of law, owed partly to Greece’s civil law background. Judicial precedent, however, especially decisions of the Supreme Civil and Criminal Court (Areios Pagos), are often reflected in legislative actions and amendments.

Judicial power is vested in civil, criminal and administrative courts. All the judges are appointed for life by the President of the respective court after consultation with a judicial council. The Constitution lays out in detail the procedure for the appointment of judges, their privileged salary scales, and acts and responsibilities deemed incompatible with their judicial functions. It also provides for their independence. Each type of court is divided into courts of first instance and courts of appeal. In addition, the Supreme Court hears appeals of civil and criminal decisions. The Supreme Civil and Criminal Court does not make findings of fact; it focuses only on legal issues and the correct interpretation of the applicable law. The Supreme Civil and Criminal Court does not have discretionary power to choose the cases it hears.

The Council of State (Symboulio tis Epikrateias) is the supreme administrative law court. The Council of State hears appeals of lower court decisions. It also has original jursidiction over cases involving requests for abolition (annulment) of illegal and harmful administrative decisions and acts. Like the Supreme Civil and Criminal Court, the Council of State does not have discretionary power to choose the cases it hears.

The Audit Court (Elegktiko Synedrio) has jurisdiction over matters involving state funds, such as national income, state salaries, and state financial transactions. The Audit Court‘s primary function is to review and consent to any draft of law containing financial provisions before it is voted on in Parliament.

Finally, the Special Supreme Court (Anotato Eidiko Dikastirio) is made up of the presidents of the Council of State, the Supreme Court, and the Audit Court, together with four counselors of the Council of State and four judges of the Supreme Civil and Criminal Court who are appointed by ballot every two years. The Special Supreme Court is a permanent court which hears cases involving the validity of parliamentary elections, and the resolution of contradictory rulings among the three supreme courts or other high courts, especially in matters of national and
social importance. Again, this court does not have discretionary power to choose the cases it hears.”

Online Resources:

  • Athens Bar Association: dsa.gr
  • Greek Parliament: parliament.gr
  • Greek Ministry of Justice: ministryofjustice.gr
  • Greek Ministry of Development: ypan.gr

Voulgaris Government History

Government of Greece from April to October 1947 under the Greek Admiral Petros Voulgaris. Faced with the revolt of the Greek People’s Liberation Army and the Communist attempt to seize power, he accepted military aid from the USA under the Truman Doctrine, which eventually allowed the Royalists to defeat the revolt.


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